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June 5, 2007 <br /> Page 2 <br /> A copy of the 1955 Deed is enclosed for reference. Actually, language in the 1955 <br /> Deed suggests that Mr. Murphy's mother acquired a contract purchaser's interest in the <br /> land as early as November 16, 1944 (now more than 60 years ago), since the <br /> conveyance is made subject to: <br /> . . . liens or encumbrances, if any, which have been created, permitted or <br /> suffered on said land by the act of any party or parties other than first <br /> parties herein, subsequent to November 16, 1944 . . . . (See the bottom of <br /> page 2 of the 1955 Deed for the above quoted language, which carries <br /> over to the top of page 3.) <br /> This language suggests that the 1955 Deed was given in perFormance of a <br /> contract for deed made in 1944, eleven years earlier. Mr. Murphy confirmed that <br /> such was the case in a recent conversation we had with him. <br /> The duration of the Murphys' and now the Steinhafels' ownership of the property, <br /> from 1944 to present, is significant, because it means that the access easement, which <br /> provides the Ringer Property its only street access to its property, has been in existence <br /> for more than 60 years. It is that long standing access arrangement, and the Ringer <br /> Property's otherwise landlocked situation, which limit subdivision possibilities for the <br /> Ringer Property. <br /> Access Easement Lanquage in 1955 Deed <br /> The language describing the access easement is found on page 3 of the 1955 <br /> Deed. The access easement is described there as follows: <br /> First parties hereby expressly reserve an easement for right-of-way for <br /> - road purposes over an existing private driveway running in a general <br /> northeasterly and southwesterly direction across Government Lot 4 and <br /> the SW1/4 of the SW1/4 of above mentioned Section 10, the center line of <br /> said existing driveway being described as follows: <br /> Beginning at a point in the North line of said Government Lot 4 in <br /> Section 10 distant 431 feet east of the Northwest corner of said Lot <br /> 4; thence southwesterly along a line forming a southwest angle of <br /> 65° 28' with the North line of said Lot 4 a distance of 606 feet; <br /> thence southwesterly on a tangential curve to the right with a radius <br />